The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com

Caitlin Halligan followed an often-used script today during her confirmation hearing for the U.S. Court of Appeals for the D.C. Circuit, telling a Senate committee that if confirmed, she would defer to Supreme Court precedent and to the Framers' intent.

But her hour-long testimony made clear that Republicans are laying the ground for possible opposition to her nomination. They questioned Halligan, a longtime New York appellate lawyer, about statements she’s made or signed on to, and they renewed a long-running debate about whether the influential D.C. Circuit has more judges than it needs.

If confirmed, Halligan, 44, would quickly be on the short list for the next Democratic nominee for the U.S. Supreme Court. Four sitting justices are alumni of the D.C. Circuit, and she is President Barack Obama’s first nominee for the D.C. Circuit.

Sen. Chuck Grassley (R-Iowa), the ranking Republican on the Senate Judiciary Committee, warned it might not be easy for Halligan to get there.

“This committee has multiple precedents establishing a heightened level of scrutiny given to nominees for the Court of Appeals of the D.C. Circuit,” Grassley said at the opening of Halligan’s hearing. He listed President George W. Bush’s six nominees for the court — only four of whom were confirmed. “All had a difficult and lengthy confirmation process. This included delays, filibusters, multiple hearings and other forms of obstruction,” he said.

Democrats responded by lauding Halligan’s credentials, including as New York’s state solicitor general and as head of the appellate practice at Weil, Gotshal & Manges. Early in her career, she clerked for former D.C. Circuit Chief Judge Patricia Wald and for Justice Stephen Breyer. She’s now general counsel in the Manhattan district attorney’s office.

“The remarkable thing about Caitlin’s experience is her unique depth of knowledge about the practicalities of government,” said Sen. Chuck Schumer (D-N.Y.).

Under questioning, Halligan, pictured above, kept her answers short and emphasized judicial modesty. She called the Constitution an “enduring” document and echoed conservative jurists’ language about originalism. “If faced with a constitutional question, a judge has to look to the text and attempt to understand the original intent behind those words,” she said.

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The Southern District of Florida blog was started by David Oscar Markus, who is a criminal trial and appellate lawyer in Miami, Florida. He frequently practices in federal courts around the country, including his hometown, the Southern District of Florida and the 11th Circuit Court of Appeals. He is a former law clerk to then-Chief Judge of the District, Edward B. Davis.